Elizabeth Franklin-Best

Criminal Appellate Attorney

Elizabeth Franklin-Best is a criminal appellate lawyer in Columbia, South Carolina whose practice is focused exclusively on criminal appeals in both state and federal courts.

Armed, but not “Dangerous,” Reasonable Suspicion in a State Where Anyone Can Carry a Gun, United States v. Robinson, No. 14-4902 (filed February 23, 2016).

This is a fascinating case, and one that will reverberate throughout our Circuit.  The take away is quite simple—in a state...

The Absolute NECESSITY of Filing State Court Pleadings on Time or, How One Federal Habeas Petitioner Got Screwed Before He Even Filed. Daniel L. Crowe v. Warden of Perry Correctional, 2016 WL446638 (filed 2/5/16).

This case vividly illustrates the draconian and, frankly, unfair, consequences of time limitations set out in the Anti-Terrorism and Effective...

Federal Habeas Corpus Grant of Relief! Grueninger v. Director, VOD, No. 14-7072 (4th Circuit), filed 2/9/16.

Incredible work by the outstanding firm Skadden Arps with an exceedingly difficult set of facts.  Petitioner was arrested for sexually...

Appealing a sentence when there is a plea agreement in place, United States v. David Williams III, No. 14-4680 (filed January 28, 2016)

This case was consolidated with Mr. William’s co-defendant, Ms. Kristin Williams, and the issue here really only pertains to her...

Medical Malpractice in Prisons, Two Circuit Court Decisions

There are a couple of recent decisions in the Fourth Circuit on this issue that illustrate essential aspects of pursuing...

SCOTUS Case, Jail Suicide; Taylor v. Barkes, 575 U.S.__ (2015).

This is an interesting per curiam opinion by the United States Supreme Court addressing qualified immunity in the jail suicide...

Bowers v. McFadden (Great Post-Martinez Order!), 2015WL9294981

 For appellate wonks like me, some non-Christmas-y days can feel like Christmas!  Even when it’s raining outside, and almost 80...

Incredible Win! US v. Blue, No. 13-4069, No. 15-4153 (4th Cir. 2015)

You don’t see wins like this too often—reversals based insufficiency of the evidence!  Great work on the part of the...

Buffey v. Ballard, No. 14-0642, West Virginia Supreme Court of Appeals

Buffey v. Ballard, No. 14-0642, West Virginia Supreme Court of Appeals

The West Virginia Supreme Court issued a very important opinion this last week, Buffey v. Ballard (filed November 10, 2015). ...

New SCOTUS case on Qualified Immunity.  Summary:  Not good.

New SCOTUS case on Qualified Immunity. Summary: Not good.

This case belongs in the Tough Cases Make Bad Law pile.  The decedent was passing through a fast food restaurant...